[Congressional Record Volume 170, Number 24 (Friday, February 9, 2024)]
[Senate]
[Pages S653-S654]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1492. Mr. TUBERVILLE submitted an amendment intended to be 
submitted by him to the bill H.R. 815, to amend title 38, United States 
Code, to make certain improvements relating to the eligibility of 
veterans to receive reimbursement for emergency treatment furnished 
through the Veterans Community Care program, and for other purposes; 
which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. INSPECTION OF APPLICANTS FOR ADMISSION.

       Section 235 of the Immigration and Nationality Act (8 
     U.S.C. 1225) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1)--
       (i) in subparagraph (A)--

       (I) in clauses (i) and (ii), by striking ``section 
     212(a)(6)(C)'' each place such term appears and inserting 
     ``subparagraph (A) or (C) of section 212(a)(6)''; and
       (II) by adding at the end the following:

       ``(iv) Ineligibility for parole.--An alien described in 
     clause (i) or (ii) shall not be eligible for parole except as 
     expressly authorized under section 212(d)(5), or for parole 
     or release pursuant to section 236(a).''; and
       (ii) in subparagraph (B)--

       (I) in clause (ii), by striking ``asylum.'' and inserting 
     ``asylum and may not be released (including pursuant to 
     parole or release pursuant to section 236(a), but excluding 
     as expressly authorized pursuant to section 212(d)(5)) other 
     than to be removed or returned to a country as described in 
     paragraph (3).''; and
       (II) in clause (iii)(IV)--

       (aa) in the subclause header, by striking ``detention'' and 
     inserting ``detention, return, or removal''; and
       (bb) by adding at the end the following: ``The alien may 
     not be released (including pursuant to parole or release 
     pursuant to section 236(a), but excluding as expressly 
     authorized pursuant to section 212(d)(5)) other than to be 
     removed or returned to a country as described in paragraph 
     (3).'';
       (B) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) by striking ``Subject to subparagraphs (B) and (C),'' 
     and inserting ``Subject to subparagraph (B) and paragraph 
     (3),''; and
       (II) by adding at the end the following: ``The alien may 
     not be released (including pursuant to parole or release 
     pursuant to section 236(a), but excluding as expressly 
     authorized pursuant to section 212(d)(5)) other than to be 
     removed or returned to a country as described in paragraph 
     (3).''; and

       (ii) by striking subparagraph (C);
       (C) by redesignating paragraph (3) as paragraph (5); and
       (D) by inserting after paragraph (2) the following:
       ``(3) Return to foreign territory contiguous to the united 
     states.--
       ``(A) In general.--The Secretary of Homeland Security may 
     return to a foreign territory contiguous to the United States 
     any alien arriving on land from that territory (whether or 
     not at a designated port of entry) pending a proceeding under 
     section 240 or review of a determination under subsection 
     (b)(1)(B)(iii)(III).
       ``(B) Mandatory return.--The Secretary of Homeland 
     Security, without exception, including pursuant to parole or 
     release pursuant to section 236(a), but excluding as 
     expressly authorized pursuant to section 212(d)(5), shall 
     return to a foreign territory contiguous to the United States 
     any alien arriving on land from such territory (whether or 
     not at a designated port of entry) pending a proceeding under 
     section 240 or review of a determination under subsection 
     (b)(1)(B)(iii)(III) if, at any time, the Secretary cannot--
       ``(i) comply with its obligations to detain an alien as 
     required under clauses (ii) and (iii)(IV) of subsection 
     (b)(1)(B) and subsection (b)(2)(A); or
       ``(ii) remove an alien to a country described in section 
     208(a)(2)(A).
       ``(4) Enforcement by state attorneys general.--The attorney 
     general of a State, or other authorized State officer, 
     alleging a violation of the detention, return, or removal 
     requirements under paragraph (1), (2), or (3) that affects 
     such State or its residents, may bring an action against the 
     Secretary of Homeland Security on behalf of the residents of 
     such State in an appropriate United States district court to 
     obtain appropriate injunctive relief.''; and
       (2) by adding at the end the following:
       ``(e) Authority To Prohibit Introduction of Certain 
     Aliens.--If the Secretary of

[[Page S654]]

     Homeland Security determines, in the discretion of the 
     Secretary, that the prohibition of the introduction of aliens 
     who are inadmissible under subparagraph (A) or (C) of section 
     212(a)(6) or under section 212(a)(7) at an international land 
     or maritime border of the United States is necessary to 
     achieve operational control (as defined in section 2 of the 
     Secure Fence Act of 2006 (8 U.S.C. 1701 note)) of such 
     border, the Secretary may prohibit, in whole or in part, the 
     introduction of such aliens at such border for such period of 
     time as the Secretary determines is necessary for such 
     purpose.''.
                                 ______